[bizkuid]

Hi everyone..I'm a new comer in the forum...good to be here...

I've got my PR subclass 175 granted on May-2011. Me and my wife have got PR visa but not for our son as he was born after the visa grant when we were still in Indonesia.

I just lodge in the Child Visa for my son this Apr'13, hopefully if everything goes well the result should be out by mid 2014 (ideal case 14 moths processing time for Indonesian passport, high risk country category).

I have a situation that I would like to consult to all members here in case you have similar situation or have experience in Resident Return Visa.

Since the child visa is still on process, I plan to relocate to OZ when my son's visa is out which is mid 2014 (ideal expectation). This, creates a conflict with the minimum 2 years physical presence requirements for further 5 year extension by May-2016..

I'm aware that I could be eligible for the 1 year extension though. Assuming that I could get the 1 year extension by May-2016, this would mean I could to stay legally in OZ until May-2017.
Scenario: I arrive in Jul-2014 then stay until May-2016 with current visa, then later with the 1 year RRV extension until May-2017. My question is, after this period, can anyone advice if I am eligible to apply for the 5 year RRV? or I have to apply for a new PR Visa(189)?

Thanks heaps in advance for replying...

Have a great day..

chris

 

[MrTweek]

As far as I know, you only need a Resident Return visa if you leave the country after 5 years. So in theory you can be on PR for all your life without ever extending anything as long as you don't want to travel.

See Resident Return Visas (Subclasses 155 and 157)

If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

Also, to get an RRV, you need to have been in Australia for the last 2 years, not for 2 years out of the 5 since your visa is granted.


So in your case, your permission to travel will expire in May 2016.
Let's say you will enter Australia on the 1st of July 2014. That means from 1st of July 2016 you will be eligible for an RRV. So you should not leave Australia between May 2016 and July 2016 (only 2 months).
That is probably not too bad for you.

However, if you still need to leave the country in that time, you can still apply for a 1 year RRV visa which will be enough to complete the 2 out of 5 years needed to get another 5 year RRV.
It'll just be a bit more paperwork, but nothing to worrying, I think.